HomeMy WebLinkAboutORD 2014-101 2012-2014 COUNTY OF HAWAII •_ STATE OF HAWAII
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BILL NO. 261
ORDINANCE NO. 14 101
AN ORDINANCE AMENDING SECTION 25-8-33 (CITY OF HILO ZONE MAP),
ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE
1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM
AGRICULTURAL—3 ACRES (A-3a) TO RESIDENTIAL AGRICULTURAL— 1 ACRE
(RA-la)AT WAIAKEA, SOUTH HILO, HAWAII, COVERED BY TAX MAP
KEY: 2-4-038:012.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI`L•
SECTION 1. Section 25-8-33, Article 8, Chapter 25 (Zoning Code) of the Hawaii
County Code 1983 (2005 Edition), is amended to change the district classification of property
described hereinafter as follows:
The district classification of the following area situated at Waiakea, South Hilo,
Hawaii, shall be Residential Agricultural — I acre(RA-1 a):
BEGINNING at the northwest corner of this parcel of land, and at the southwest corner
of Lot 917-L, the coordinates of said point of beginning referred to Government Survey
Triangulation Station"HALAI"being 17,334.87 feet south and 3,056.58 feet west, and
running by azimuths measured clockwise from true South:
1. 2650 40' 938.00 feet along Lot 917-L;
2. 3550 40' 150.00 feet along portion of Lot 916;
3. 850 40' 938.00 feet along Lot 1004;
4. 1750 40' 150.00 feet along"Gov't. Road 6 West", to the
point of beginning and containing an area
of 3.23 acres, more or less.
All as shown on the map attached hereto, marked Exhibit "A" and by reference
made a part hereof.
SECTION 2. In accordance with Section 25-2-44, Hawaii County Code 1983 (2005
Edition), the County Council finds the following conditions are:
(1) Necessary to prevent circumstances which may be adverse to the public health, safety
and welfare; or
(2) Reasonably conceived to fulfill needs directly emanating from the land use
proposed with respect to:
(A) Protection of the public from the potentially deleterious effects of
the proposed use, or
(B) Fulfillment of the need for public service demands created by the
proposed use.
A. The applicant, its successors or assigns shall be responsible for complying with
all of the stated conditions of approval.
B. The applicant shall comply with all requirements in the Department of Water
Supply's March 17, 2014 letter, including the construction of all necessary water
improvements prior to final subdivision approval.
C. The applicant, successors, or assigns shall notify prospective purchasers, tenants,
or lessees of all lots that farming operations and practices on adjacent or
contiguous land in the State Land Use Agricultural District are protected under
Hawaii Revised Statutes Chapter 165, the Hawaii Right to Farm Act. This
notice shall be included in any disclosure required for the sale or transfer of all of
the proposed lots.
D. Any action that would interfere with or restrain farming operations on adjacent or
contiguous properties shall be prohibited under Hawaii Revised Statutes Chapter
165, the Hawaii Right to Farm Act; provided the farming operations are
conducted in a manner consistent with generally accepted agricultural and
management practices on adjacent or contiguous lands in the Agricultural District.
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E. Final Subdivision Approval shall be secured within five (5) years from the
effective date of this ordinance.
F. To preserve the functional classification of Kupulau Road as a secondary arterial,
access to any future lots shall be limited to the current driveway access at Kupulau
Road.
G. Should more than one additional lot be created on the 3.23-acre subject property,
the applicant shall provide improvements to the subject property's entire Kupulau
Road frontage, consisting of,but not limited to, pavement widening with paved
shoulders and swales meeting the approval of the Department of Public Works.
H. All development-generated runoff shall be disposed of onsite and shall not be
directed toward any adjacent properties. A drainage study shall be prepared and
the recommended drainage system shall be approved by the Department of Public
Works.
I. Any development within Flood Zone AE shall conform to Chapter 27, Floodplain
Management, of the Hawaii County Code.
J. The method of sewage disposal shall meet with the requirements of the State
Department of Health.
K. Should any remains of historic sites, such as rock walls, terraces, platforms,
marine shell concentrations or human burials be encountered, work in the
immediate area shall cease and the Department of Land and Natural Resources—
State Historic Preservation Division (DLNR-SHPD) shall be immediately
notified. Subsequent work shall proceed upon an archaeological clearance from
DLNR-SHPD when it finds that sufficient mitigation measures have been taken.
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L. The applicant shall make its fair share contribution to mitigate the potential
regional impacts of the development with respect to parks and recreation, fire,
police, solid waste disposal facilities and roads. The fair share contribution shall
become due and payable prior to receipt of Final Subdivision Approval. The fair
share contribution for each newly created lot shall be based on the actual number
of residential units developed. The fair share contribution in a form of cash, land,
facilities or any combination thereof shall be determined by the County Council.
The fair share contribution may be adjusted annually beginning three years after
the effective date of this ordinance, based on the percentage change in the
Honolulu Consumer Price Index (HCPI). The fair share contribution shall have a
combined value of$13,081.99 per single family residential unit. The total amount
shall be determined with the actual number of units according to the calculation
and payment provisions set forth in this condition. The fair share contribution per
single family residential unit shall be allocated as follows:
1. $6,308.37 per single family residential unit to the County to support park
and recreational improvements and facilities;
2. $304.32 per single family residential unit to the County to support police
facilities;
3. $601.06 per single family residential unit to the County to support fire
facilities;
4. $263.15 per single family residential unit to the County to support solid
waste facilities; and
5. $5,305.09 per single family residential unit to the County to support road
and traffic improvements.
In lieu of paying the fair share contribution, the applicant may contribute land
and/or construct improvements/facilities related to parks and recreation, fire,
police, solid waste disposal facilities and roads within the region impacted by the
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proposed development, subject to the review and recommendation of the Planning
Director, upon consultation with the appropriate agencies and approval of the
County Council.
M. To ensure that the goals and policies of the Housing Element of the General Plan
are implemented, the applicant shall comply with the requirements of Chapter 11,
Article 1, Hawaii County Code relating to the Affordable Housing Policy.
Compliance with Chapter 11 shall be approved by the Administrator of the Office
of Housing and Community Development prior to receipt of Final Plan Approval
and/or Final Subdivision Approval.
N. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria
for imposition of exactions or the assessment of impact fees, conditions included
herein shall be credited towards the requirements of the Unified Impact Fees
Ordinance.
O. The applicant shall comply with all applicable County, State and Federal laws,
rules, regulations and requirements.
P. An initial extension of time for the performance of conditions within the
ordinance may be granted by the Planning Director upon the following
circumstances:
1. The non-performance is the result of conditions that could not have been
foreseen or are beyond the control of the applicant, successors or assigns,
and that are not the result of their fault or negligence.
2. Granting of the time extension would not be contrary to the General Plan
or Zoning Code.
3. Granting of the time extension would not be contrary to the original
reasons for the granting of the change of zone.
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4. The time extension granted shall be for a period not to exceed the period
originally granted for performance(i.e., a condition to be performed within
one year may be extended for up to one additional year).
5. If the applicant should require an additional extension of time, the
Planning Department shall submit the applicant's request to the Planning
Commission and the County Council for appropriate action.
Should any of the conditions not be met or substantially complied with in a timely
fashion, the Planning Director may initiate rezoning of the area to its original or
more appropriate designation.
SECTION 3. In the event that any portion of this ordinance is declared invalid, such
invalidity shall not affect the other parts of this ordinance.
SECTION 4. This ordinance shall take effect upon its approval.
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAII
Kona,Hawaii
Date of Introduction: July 2, 2014
Date of 1st Reading: July 2, 2014
Date of 2nd Reading: July 18, 2014
Effective Date: August 6, 2014
REFERENCE Comm. 905
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A-la
A-3a RS-15
A-3a
RS-15
A-la
A-3a R5-15
A-la KAWA(OLU PL R5-10
RS-SO RS-10
RS-10 R5-10
RS-10 RS-10 R5-10 R5-10
RS-10 A-3a
A-la
AGRICULTURAL-3 ACRE(A-3a)TO
RESIDENTIAL AGRICULTURAL-1 ACRE(RA-1 a)
A-la A-3a 3.23 ACRES TOTAL
1Z534.b75 A 3a
3,056.58 W
HALM"
A-la
C
0
A-la C
r-
>c:
RS-10
RS-10
A-lo RS-10
RS-10 RS-10
RS-10 R5-10
(road)
A-la
RS-10
A-3a R5-10
A-la
_o
R5-10
Feet
0 250 500 750 1,000
AMENDMENT TO THE ZONING CODE,
AMENDING SECTION 25-8-33 (CITY OF HILO ZONE MAP) ARTICLE 8,
CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION),
BY CHANGING THE DISTRICT CLASSIFICATION FROM
AGRICULTURAL - 3 ACRES (A-3a) TO RESIDENTIAL AGRICULTURAL - 1 ACRE (RA-1 a)
AT WAIAKEA, SOUTH HILO, HAWAII
MAP PREPARED BY:
TMK:(3)2-4-038:012 COUNTY OF HAWAII, PLANNING DEPARTMENT DATE:Feb.24,2014
EXHIBIT"A" Jason DePonte
Map: 1343
COLI{IT4 �l-E-F,K
OFFICE OF THE COUNTY CLERK CO ""ANA I
County of Hawaii
Kona, Hawaii 201q AUr -7 AN & 04
Introduced By: Zendo Kern (B/R) ROLL CALL VOTE
Date Introduced: July 2, 2014 AYES NOES ABS EX
First Reading: July 2, 2014 Eoff X
Published: July 12, 2014 Ford X
Ilagan X
REMARKS: Kanuha X
Kern X
Onishi X
Poindexter X
Wille X
Yoshimoto X
Second Reading: July 18, 2014 8 0 1 0
To Mayor: July 28, 2 014
Returned: August 7, 2014 ROLL CALL VOTE
Effective: August 6, 2014 AYES NOES ABS EX
Published: August 16, 2014 Eoff X
Ford X
REMARKS. Ilagan X
Kanuha X
Kern X
Onishi X
Poindexter X
Wille X
Yoshimoto X
8 0 1 0
I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as
indicated above.
SNTY IL CHAIRPERSON
ApprovedlDis pproved this day
of 20 t CLERK
y 261
Bill No.:
MAYOR, COUNTYOFHAWAI`I Reference: C-905/PC-67
Ord No.: 1-4 101